Shoplifting Attorney Sacramento

Sacramento Shoplifting Lawyer

Shoplifting in Sacramento is a crime of theft that could have a variety of potential punishments. A suspected shoplifter is usually approached and detained by store security immediately after being noticed taking items from the merchant without spending for it.

A frequently asked question by those accused of the offense is what are the possible effects and just how are they going to be treated by the criminal justice system and the Court.

The actual reply to that question depends upon exactly what actions are done by the arrested shoplifter immediately after the event. If the person gets to be proactive and seeks the help of a Sacramento attorney, the result can, and frequently will be quite different from those that did absolutely nothing and buried their head in the sand praying it will all go away.

As a Sacramento criminal defense attorney representing clients accused of shoplifting and theft for several years, our offices have the direct knowledge and experience to resolve these kinds of particularly humiliating cases and work on getting a disposition that, in many cases, doesn’t result in a criminal conviction that will haunt an individual for the rest of their lives.

Sadly, many people make the significant error of listening to friends who happen to be arrested or so-called experts they met in prison, as well as other non-legal professionals who tell them to save lots of their money and go to Court and plead no contest for probation. The actual long term consequences of this mistake can be disastrous.

Companies are more and more doing exhaustive criminal records investigations on possible employees and look at a shoplifting conviction as a really serious act of dishonesty, justifying the denial of employment.

A criminal defense lawyer Sacramento who knows the local customs and practices of the Court could find an alternative choice to a criminal conviction, for example: civil compromise with the shop, informal diversion, city lawyer alternative disposition, conditional dismissal, infraction adjudications, reductions to non-theft offenses, dismissals due to insufficiency of the evidence, are all methods that can be utilized in a shoplifting case to reduce the end result.

Our firm strives to find ways to assist our clients avoid a permanent scar on their record when cited or charged for shoplifting. For instance, in situations affecting second time offenders, when retained immediately after the event, theft charges can be resolved by applying a counseling plan with recognized providers.

Furthermore, we will certainly go to Court for the client when necessary, sparing our unnerved clients the humiliation of a public appearance before a Judge in an open Court of Law.

A typically asked question regarding a shoplifting arrest is whether or not the District Attorney must have a videotape of the act so as to convict in Court. The simple response to that question is no. A shoplifting case usually requires observations by loss prevention officers, other eyewitnesses and admissions and possible confessions by the accused.

The good news is the fact that a seasoned attorney can frequently punch substantial holes in the case to increase reasonable doubt so that you can either have the charges lowered or terminated in many instances.

When evaluating a lawyer to protect you on a shoplifting case it is very important find a lawyer who’s got a track record of good results. Our firm has such a reputation. What is very important in all of the Sacramento shoplifting cases is obtaining a defense attorney soon after the individual is released from custody.

Our firm will try to initiate call with store counsel in many cases and work out what some refer to as a “civil compromise” in which the client pays statutory civil penalties and costs to the victim in exchange for a commitment not to seek criminal prosecution.

Contact our office directly today for a free consultation about your shoplifting case.

Our fees are very affordable and we are going to deal with the case personally, limiting the necessity of having to talk about the case with non-lawyers like paralegals and legal assistants.

Sacramento Shoplifting Offense

Even though the term “shoplifting” usually invokes images of youngsters stealing bubblegum and candy from the local convenience store, in reality, the offense bears with it heavy penalties. Those arrested for shoplifting in Sacramento face charges which range from a disorderly persons offense up to an indictment for a second degree crime, and requires a lawyer in our wisdom.

Each and every attorney at our Law Firm is ready to protect you from these kinds of really serious accusations. Our law firm takes care of shoplifting cases in Sacramento and statewide. The attorneys at our Law Firm will make sure that your interests are protected every step of the way. Speak to us today for a zero cost consultation.

Sacramento Shoplifting Law

Shoplifting shall include any one or more of the following acts:

(1) For any individual purposely to take possession of, take away, transfer or cause to be carried away or transferred, any items displayed, kept, stored or presented for sale by any shop or some other retail mercantile business together with the aim of depriving the merchant of the possession, use or benefit of such products or converting the same to the use of such person without paying to the merchant the total retail value thereof.

(2) For any person deliberately to hide upon his individual or otherwise any merchandise presented for sale by any store or any other retail mercantile establishment with the aim of depriving the merchant of the processes, use or benefit of such products or converting the same to the use of such person without paying to the merchant the value thereof.

(3) For any individual intentionally to change, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any products displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such items personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4) For any person purposely to transfer any items displayed, held, stored or offered for sale by any store or other retail goods establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

(6) For any individual purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

More details on shoplifting.

It really is worth remembering that an individual can only be penalized for this offense if he/she acted with purpose, this means that there must be some intention on the part of the defendant to take without having to pay.

However, the state can satisfy its burden of proof by showing that the defendant intentionally hid the goods, which is certainly prima facie evidence of the intention to permanently deprive. Even so, this intent requirement often gives fertile ground for defense tactics.

A person has committed a shoplifting offense if he/she,

(1) takes or carries away goods offered for sale,

(2) hides or conceals merchandise,

(3) changes or adjusts price tags,

(4) transfers goods from one container to another,

(5) under-rings at the register, or

(6) gets rid of a shopping cart from the store.

Most frequently, an individual is detained prior to leaving the establishment and accused of hiding or concealing products. A law enforcement office may detain a shoplifting suspect for a good period of time and in a reasonable manner upon obtaining probable cause to believe that the suspect “willfully concealed un-purchased merchandise.” Furthermore, the officer must believe that “he can recover the items by having the person into custody.”

Whether or not the detention was reasonable is a determination to be made by the court. In case the judge confirms that the officer effectuating the detention did not act reasonably, criminal and/or civil charges might result. An attorney from our Sacramento law firm will ensure that the prosecution meets its burden of proof and, if he does not, that the case is terminated and/or reduced.

Mandatory Jail and Mandatory Community Service Penalties

For most states, the shoplifting statute mandates community service for a first offense, second offense and third offense. Just for the first offense, the offender must perform ten days of community service. For the second offense, 15 days of community service, and for the third or following offense, a maximum of 25 days may be imposed. Furthermore, in case you are determined guilty of a third offense, you’ll be sentenced to a mandatory minimum term of 3 months prison time.

It is important to remember however, that the accused could be exposed to jail on a first offense or second offense if an indictable shoplifting offense is involved. If someone is indicted for a fourth degree, third degree, or higher offense, then the sentencing and jail provisions under the criminal code will apply.

Given the effects associated with gathering shoplifting convictions, and the jail involved with indictable offenses, it really is very important for you to seek the services of a criminal defense attorney who can assist you to avoid the numerous problems that revolve around this area of the law.

Each and every lawyer at our law firm is experienced in handling shoplifting charges in Sacramento.